All Content

Posted by: Amelia Ferrell Knisely on Mar 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Ivan Charles Marable, Forrest City, Arkansas, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Garry G. Brown, District Attorney General; and Hillary Lawler Parham, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

In 1997, the defendant, Ivan Charles Marable, pled guilty to burglary and two charges of possession of a controlled substance. He claims that, although the offenses were committed serially, with the second and third committed while he was on bond, he pled to concurrent three-year sentences. He does not dispute that these sentences have expired. Now an inmate in a federal penitentiary, he filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1 to correct his alleged illegal sentences and to award jail credits. The trial court granted the motion for an evidentiary hearing but ordered that it would not be held until after the defendant’s release from federal prison. The defendant appealed this order and sought to have a hearing after which he would be allowed to withdraw his pleas of guilty. Based upon the decision of our supreme court in State v. Adrian R. Brown, --- S.W.3d ---, No. E2014-00673-SC-R11-CD, 2015 WL 7748275 (Tenn. Dec. 2, 2015), which was released while the appeal was pending in this matter, we reverse the order of the trial court granting a hearing on the defendant’s motion and direct that his motion be dismissed because the 1997 Tennessee sentences of which he complains have expired.